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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/28/1983191 App 28 lgg� REGULAR CITY COUNCIL MEETING APRIL 28, 1983 The City Council of Lubbock, Texas, met for Its regular meeting Thursday, April 28, 1983, at 9:30 a.m. In the City Council Chambers, Second Floor, City Hall. Those present: Mayor Bill McAlister, Mayor Pro Tem Alan Henry, Councilman'E."'J"ack Brown; Councllwoman Joan Baker, Councilman M. J. Aderton, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., and City Secretary -Treasurer Evelyn Gaffga. Absent: None. 83-42-191-354 The invocation was given by Councilman Jack Brown. ( 1 ) 83-42-191-355 The Pledge of Allegiance to the Flag was given In unison by those present In the Council ( 2 ) Chambers. 83-42-191-356 Approval of Minutes --Regular Meeting, April 14, 1983 ( 3 ) The motion was made by Councilman Brown, seconded by Councilman Aderton to approve the Minutes as submitted. Motion carried: 4 Yeas, 0 Nays. Mayor Pro Tem Henry was absent from the Council Chambers. Proclamations: "Be Kind to Animals Week" - May 1-7, 1983 83-42-191-357 ( 4 ) Receiving: Carl Looney, Lubbock Humane Society President Gale Gower 83-42-191-358 "Lubbock Music Week" - May 1-8, 1983 ( 5 ) Representatives of Lubbock Music Club, Pastorale Jr. Music Club and Allegro Music Club. 83-42-191-359 "Lamaze Childbirth/Prepared Parenthood Week" - May 2-8, 1983 ( 6 ) Receiving: Ruth Ann Lynn, R.N. 83-42-191-360 "Lubbock Day of Prayer" - May 5, 1983 ( 7 ) Receiving: Sam Lane, Westminster Presbyterian Church and Lubbock Ministerial Alliance President 83-42-191-36-1 "Lubbock Loves Reading Day" - May 7, 1983 ( 8 ) Receiving: Virglnia Harris Jean Wills Shirley Koeller Ann Bacon 83-42-191-362 "Municipal Clerk's Week" - May 9-13, 1983 ( 9 ) Receiving: Evelyn Gaffga, City Secretary 83-42-191-363 "South Plains Older Texan Week" - May 9-13, 1983 ( 10 ) F , Receiving: Jerry Casstevens, SPAG Executive Director 83-42-191-364 11ABWA Education Month" - May, 1983 Receiving: One representative from each of the 11 Chapters 83-42-191-365 "Goodwill Week" - May 1-7, 1983 ( 12 Receiving: Dennis Brice, Executive Director G. A. Huskey, Goodwill Board President Johnny King, Worker of the Year Dorothy Hall, Administrative Assistant 83.-42-191-366 "South Plains Special Olympics Week" - May 2-7, 1983 ( 12a,,) 192 APR 2 8 1983 83-42-192-367 ( 12b) 83-42-192-368 ( 13 ) 8:3-42-192-369 ( 14 ) 83-42-192-370 ( 15 ) 83-42-192-371 ( 16 ) 8:3-42-192-372 ( 17 ) Receiving: Four to five Ballenger School Students "Helping Hand Day" - April 28, 1983 Receiving: Alan Greer nenI "ray Members, ASCE Chapter, Texas Tech Airman of the Month - Airman First Class Roxanne M. Pazora, Airman for March, 1983 NCO of the Quarter - Staff Sergeant Bonnie K. Henry Ordinance No. 8428 An ordinance abandoning and closing ROW and utility easement located in Lutheran Addition. HW:da ORDINANCE NO. 8428 AN ORDINANCE ABANDONING AND CLOSING AN .UNDERGROUND UTILITY EASEMENT LOCATED IN THE BRENTWOOD PLAZA ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUB- LICATION. Ordinance No. 8429 An ordinance abandoning and closing underground utility easement in Brentwood Plaza (Lot 26). ITIPIM mal ORDINANCE NO. 8429 AN ORDINANCE ABANDONING AND CLOSING A RIGHT-OF-WAY AND PUBLIC UTILITIES EASEMENT LOCATED IN THE LUTHERAN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. The motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to pass Ordinances 8428 and 8429 on second and final reading Motion carried: 5 Yeas, 0 Nays. Ordinance No. 8299 - Zone Case No. 2318-A An ordinance changing a tract of land out of Section 29, Block A-K from R-1 to R-2, C-2 and A-1 zoning districts, located at 66th Street and Frankford Avenue, subject to the following conditions: a. The R-2 tract be approved, as requested. b. The C-2 tract will be from 660 feet west of the Frankford ROW line. c. The east 45 feet of the A-1 tract be limited to townhouses only; the remainder of the tract will be A-1. d. A site plan Is to.be submitted, reviewed and approved prior to second reading. e. The traffic problems In this area be addressed by the City staff, submitting to the Council concrete Information reflecting solutions prior to the development of the land, solutions to reflect schedules, costs and related matters. f. The proposed traffic solutions be considered at the same time the site plan Is reviewed prior to second reading. 2,.__A public hearing be continued prior to second reading to allow for citizen input, and the spokesman for the Opponents be properly notified. APR 2 8 1983 MUNICIPAL CLERK'S WEE K MAY 9 - 13, 1983 O ti tl1.a ot�' CtTU Of WePSOcK., ff)V11 0C vA " - The zuccezz ob any unit of government .us meawed by its ability to meet the needs o� its people; and,; WHEREAS: The Municipat Cte.xk " important to the community lays a whole --the keystone ob eiiictent and tuponzive toeae government; and, 3 WHEREAS: The Municipat Ctenk pnov-idu continuity, knowingOh.at went on 1n the past and how .it witt aijeet what tz done t0ay, thins move ably a�s.64.6ting in the initiating and pta.nn-in# of community pnognamz; and, WHEREAS: The Municipat Ctenk necondz the pxoceed.ing s and decus<onz of the tegiztat<ve body, ,imptementz itd d.ixeeti�e�s, compiteA itA xepontz, and pnezenvez the city'z 4eeo4dz,;40x postenity; and, WHEREAS,: The Municipal Ctexk accomptishu these and a koA; o4 other tazkz with which he on she tz changed .in the catch , a t phrase ob the fob descn<ption that 4ead.6, "...and other dutie.a a3 the CounciE may nequiAe of the Ctenk"; and, WHEREAS: It iz moist appnoptiate that we neeogn.ize`and ne�atC that this h-i.ztotic municipat o4jice grew out o4 the t4ad-itionA off( our democratic hetitage, and -st.itt nemainz most viable in toddy's ,structured government; NOW THEREFORE, I, Bitt McAtiAtex, Mayon o6 the City o� Lubbock, Texas, do heaeby puctaim May 9-13, 1983, as "MUNICIPAL CLERKS WEEK" in Lubbock, ,in necognit<on o� thei4 outztanding dedication and titie,s then zenve. In oA4ici.at recognition wheneo4, I hereby aJ J4 natwce this 28th day 06 4 1983. r �79-_ 192b APR 28 1983 M U N I C I P A L C L E R K ',S W E E K PRESENTATION TO CITY SECRETARY EVELYN GAFFGA, CMC 193 At the 8:30 a.m. Work Session the Council was apprised of the conditions placed upon this zone case at the first reading on February 25, 1982. One of the conditions -was to the effect that public comment be allowed before the second reading inasmuch as there was strong opposition at the time of the public hearing. There were also conditions relating to the traffic problems on Frankford. ACM Bertram apprised the Council that a revised site plan will be presented at the Council Meeting for review and approval. Additionally, a traffic study has been prepared by the Traffic Engineering Department reflecting the total average daily trips on Frankford. Using the design principles recommended by the State Highway Department, 9,000 ADT Indicate the need for a two-lane, two-way street facility; and the current ADT Is 7,300, which Is rapidly approaching the maximum 9,000. Frankford is currently not built to accommodate two-lane, two-way traffic so extensive reconstruction would need to be considered from the intersection of Frankford and Spur 327. There Is also drainage blockage at this area and this would need to be considered in the reconstruction. The reconstruction would also need to Include the intersection of 66th and Frankford with transition paving to tle back Into the existing paving with an estimated cost of $110,000. The Highway Department has indicated that they do not want a minimum flow drainage on the surface at the Spur/Frankford area; to Include the proper drainpipe, dirt work, and so forth as well as the requested left -turn lane would Increase the costs considerably. It Is recommended that the Highway Department be invited to par- tIcIpate In these costs to comply with their requests; the staff Indicated that the Highway Department's generosity Is to the tune of five percent. Proponent: Truett Craft At the regular session, Mr. Truett Craft, proponent, presented a revised site plan to Include townhouses, apartments, reduced commercial and R-2 (duplexes) as a buffer; additional entries Into the development were included and allowed for guest parking; 80-percent brick veneer on the exterior Is proposed; and the proposed site plan has been reviewed by P&Z and meets all the parking and landscaping requirements. In response to Council query as to whether or not the proposed units are modular In nature, Mr. Craft Indicated that they are. The Council further stated that It Is Imperative that they comply with the Lubbock Building Code as to electrical plumbing and other requirements. Mr. Craft Indicated that the manufacturer of the units would actually be doing the developing and he again was reminded to communicate the need to comply with the Lubbock Code to the appropriate persons. Opponent: Mr. Kim Allen, Spokesman for Neighborhood Association Mr. Kim Allen, spokesman for the Neighborhood Association who had been opposed to the development at the original public hearing, appeared and Indicated that they were pleased with the revisions and that the proposed construction seemed to be more compatible with the existing residences. Their concern is to the traffic will also alleviate their concerns that now exist and they have no objection. Following all discussion, the motion was made by Councilman Brown, seconded by Councilwoman Baker to approve this zone change as submitted for second reading with the clarifications and for the public record the Council realizes the full Impact of the Frankford Avenue traffic problem, the total remedy of which will require a bond Issue or Revenue Sharing Funds or some other funding; that it is a problem with or without any new development complexes because of the lack of development on the one side of Frankford affects the pro rata funding; and that the proposed planned improvements will eliminate the conditions somewhat as it now exists. Motion carried: 5 Yeas, 0 Nays. SMH/mck ORDINANCE NO. 8299 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2401; A SPECIFIC USE ZONE CHANGE FROM R-1 AND T TO R-1 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-8 OF THE ZONING ORDINANCE, FOR A TELECASTING AND BROADCASTING STUDIO ON A TRACT OF LAND OUT OF SECTION 20, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 194 APR 28 1983 83-42-194-373 Hold a public hearing on the application of Union Oil Company for ( 18 ) an Oil and Gas Drilling Permit for an oil well and storage unit located 1725 feet east of University and 1320 feet north of Kent Street, designated 0. C. Horne #1 Well Site. In accordance with the notice published on April 14, 1983, in the Lubbock Avalanche -Journal, a public hearing was held on the above matter. Proponent: Richard Myers, on behalf of Union Oil Company The application for the requested permit was filed April 12, 1983, to drill an 0. C Horne #1 situated north of Kent and west of University. The storage site is proposed north of the well site in conjunction with an existing storage unit which was approved for 0. C. Horne #2 well site. The production unit is unitized containing 44.1 acres; the application requests the use of earth and sludge pits and no landscaping. The blow-out preventor having a minimum rating of 3,000 psi Is also proposed and the slated disposal unit has been approved by the Railroad Commission and is situated 1 1/4 miles north of Lubbock on Quaker Avenue and referred to as the Medlock Disposal. Access to the well site is from University on private property. The staff reported that the area Is primarily agricultural In nature and the short-term Impacts are minimal because of the location of the well site and access being off of University Avenue. The long-term impacts Indicate that the area is compatible with oil production and Is agricultural In nature in accordance with the 1974 Land Use Plan. There is only one small platted area on University Avenue on which may be situated a church. There is no residential development at the present time. The recommended permit uses are: 1. No hydrocarbon lubricant (waste oil) may be used to free up the hole during drilling until the hole depth exceeds 500 feet. 2. The permittee shall require that a first series of casing be set when drilling reaches a depth of 350 to 400 feet before proceeding to greater depths, said casing shall be incompliance with Rule 13 of the Texas Railroad Commission governing casing of oil wells. 3. The permit shall meet all other conditions of Section 19-A of the Lubbock Code and those indicated in the application. There being no opposition and no discussion, the hearing was closed. 83-42-194-374: Consider approval of an Oil and Gas Drilling Permit to Union Oil ( 19 ) Company, designated 0. C. Horne #1 Well Site. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve the requested Oil and Gas Drilling Permit of Union Oil Company for well site designated 0. C. Horne #1 with the above stated conditions as well as those stated In the application. Motion carried: 5 Yeas, 0 Nays. THE STATE OF TEXAS COUNTY OF LtJBBOCK Cers�t Before me Bonnie McKee a Notary Public in and for Lubbock (°v personally appeared Twi l a Aufi I I + Account Manager of t a pens Corporation, publishers of the Lubbock Avalanche -.Journal — Morning,E°ri'rineNPerm3tfar'anaiiWeiratid Mrage,nnlfbearing the tesal4de ho being by me duly sworn did depose and sav that said newspaper has been publish''general "pf1o'as'°'10N A descnpfion of the =pro re than fifty-two weeks prior to the first insertion of this Legal Not iee-1° �we119+� ��s<feefearorr w o r d - 45 0 UM1ry eW` and 1320 feet north of "— No. 663634 at. Lubbock County. Tex isp'iooswsioeg°esir�is"'i�so�t_ ed copy of the Notice is a true copy of the original and wl tei ito►K htSf &. ,, and23m eet. k Avalanche -,Journal on the following dates: April 14, 193 Tne Welt Wiii canes L— i465 � n tfte �r�far s— enced applicatianis to accar�anct �(Ith prdinpncp 632T, CaiexofQrd� , nanceSM"IT Ot LAbtrock aQA7@Il„ this. 12th daV afAprtr;i Sity5ecretarvTreas�rer:- Account Manager LtJBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me thisl4th day of AP ri 1 19 83 80NNf 5 W*rr __ D n S r i4Q MMIUM 194a OIL AND GAS DRILLING PERMIT, THE STATE OF TEXAS 0 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK 0 The City Council of the City of Lubbock, Texas, hereby approves and grants permission to Union Oil Company of California for the drilling of an oil and gas well known as the O. C. Horne No. I to be located on the site and in the production unit indicated on the application attached hereto and made a part hereof by reference for all purposes. Union Oil Company of California hereinafter referred to as PERMITTEE, hereby agrees that each provision of Article VI, Chapter 14 of the Code of Ordinances of the City of Lubbock is by reference incorporated herein for all purposes and shall have the same force and effect as if copied verbatim herein. This permit is granted for a period of one hundred and eighty (180) days from date of issuance and as long thereafter as the.permittee is engaged in drilling operations with no cessations of such operations for more than ninety (90) days, or oil or gas is produced in commercial quantities from the well drilled. If at any time after discovery of oil or gas the production thereof in commercial quantities shall cease, the permit shall not expire if the per- mittee commences additional reworking operations within one hundred and eighty (180) days thereafter, and if they result in the production of oil or gas, so long thereafter as oil..or gas -is produced in commercial quantities from such well. This permit is granted subject to the following conditions: 1. No hydrocarbon lubricant (waste oil) shall be used to free -up the hole during drilling until hole depth exceeds 500 feet. 2. The permittee shall require that a first series of casing be set when drilling reaches a depth of 350 to 400 feet before proceeding to greater depths. The casing of the well shall be in substantial compliance with those portions of Rule 13 of the Texas Railroad Com- mission governing casing of oil wells. 3. The permittee shall meet all other conditions of Article VI, Chapter 14 of the Lubbock Code and those specifications indicated within the application of Union Oil Company of California for O.*C. Horne No. 1. The use of earthen slush pits as opposed to steel pits is hereby author- ized as requested by Union Oil Company of California, said earthen pits to be constructed in accordance with the requirements as outlined in Section 14-162 of the Code of Ordinances of the City of Lubbock, Texas. The Well drilled pursuant to this permit shall not exceed a depth of 5,400 feet. 194b An 28 1993 PERMITTEE agrees to save harmless the City of Lubbock from and against all claims, suits, damages or losses in any manner arising out of or connected with the drilling and/or operation of this oil and gas well. GRANTED this 12 day of May , 1983. ATTEST: /S/ Linda H. Huhn APPROVED AS TO CONTENT: /S/ Jim Bertram Jim Bertram, Assistant City Manager APPROVED AS TO FORM: CITY OF LUBBOCK /S/ Larry J. Cunningham Larry Cunningham, City Manager UNION OIL COMPANY OF CALIFORNIA /S/ Robert V. Lockhart Robert V. Lockhart District Land Manager /S/ Susan M. Horton Susan M. Horton, Assistant City Attorney 195 83-42-195-375 Consider a resolution accepting paving Improvements constructed by 28 Kerr Construction Company In Gyp Pit Addition, Tract A. Resolution No. 1373 The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Resolution No. 1373. Motion carried: 5 Yeas, 0 Nays. JCR/mck RESOLUTION NO. 1373 RESOLUTION ACCEPTING IMPROVEMENTS ON A PORTION OF A STREET AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Gyp Pit Addition, Tract "A" made arrangements with Kerr Construction Company for the construction of paving improvements on a certain street dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of Gyp Pit Addition, Tract "A" including the following streets: North Avenue "K" at Duke Street from 17.25 feet North of the N.P.L. of Duke Street. Thence easterly around a curve to a point 11.00 feet East of the E.P.L. of Avenue "K". AND WHEREAS, the construction of the above improvements on the abovementioned street was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance 1331. THEREFORE BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. M That the improvements on said portions of the abovementioned street be and the same are hereby accepted and the City Engineer be and he is hereby authorized to notify the Developer of acceptance by the City Council and that payment for the above mentioned improvements is now due the Contractor. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 28TH DAY OF APRIL, 1983. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Don Jennings Don Jennings, City Engineer APPROVED AS TO FORM: Isl John C. Ross, Jr. John C. Ross, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE GYP PIT ADDITION, TRACT "All Accepted April 28, 1983 Quantities S.Y. S.Y. S.Y. C&G Asphalt Unit & Paving L.F. Removal Surface Sub Unit Location 6" Base C&G &Disposal removal NS 2028-87 Avenue "K" from 17.25' N. of N.P.L. of Duke St. thence easterly around a curve to 11.00' E. of EPL of Avenue "K" 437.92 160.22 174.00 470.22 COST DISTRIBUTION ESL APR 2 8 1983 83-42-196-37,6 Consider a resolution authorizing the Mayor to execute contract ( 29 ) documents with HDR and Parkhill, Smith & Cooper for engineering services for Quirt Avenue -paving Improvements at East 34th Street. *Resolution 1374 is Resolution. No. 1374 amended by Resolution 1374-A (9-22-83). At the 8:30 a.m. Work Session, the Council was apprised that the staff was authorized to negotiate a contract at the April 14 Work Session, said contract to be for engineering services. The total funds available for the project are $3,118,000 of which $2,283,000 was estimated for construction of the grade crossing and $707,000 was estimated for the ROW acquisition for the ultimate overpass structure that has been proposed. Using the Turner, Collie, et al. feasibility study, the engineering firm of Henningson, Durham & Richardson, Inc., and Parkhill, Smith & Cooper indicated that the design is considerably more complex than originally thought, the process being more difficult by virtue of the fact that the Railroad is opposed to the grade crossing and to acquire the appropriate amount of ROW for the ultimate overpass, HDR/PS&C have recommended a two-phase contract: Phase A will be for basic services and will Involve the schematic design phase and the final design, bidding and construction phases of the grade crossing at an estimated amount of $125,000. Phase 8 (additional services) includes the schematic design for the proposed overpass and the ROW determination to include ROW descriptions, map, utility easements, railroad permit, and so forth. The total cost for Phase B would be $50,000. The engineers feel that this is a necessary step In order to ascertain accurate ROW lines. Also included are the additional services of coordination with the Railroad and Public Utilities at an estimated $13,000; survey work Is estimated at $55,000 with a total estimate for reimbursable expenses of $243,000, of which $51,500 can be attributed to our commitment to proceed with the ROW acquisition for the ultimate overpass design. In the feasibility study, mention was not made of the possibility of relocating a major gas line within alignment, which would have had to be relocated at an estimated cost of $200,000. It, is the staff's recommendation that construction for the grade crossing and the acquisition of the appropriate ROW for the ultimate grade separation and within the constraints of budgeted funds be authorized. The overall project to include the grade separation will cost an estimated $14,000,000. At the regular session, the motion was made by Councilman Brown, seconded by Councilman Aderton to pass Resolution No. 1374 authorizing the contract with HDR and Parkhill, Smith & Cooper for engineering services for the Quirt Avenue and East 34th improvements. Motion carried: 5 Yeas, 0 Nays. JWF:da RESOLUTION NO. 1374 **Contract with HDR has BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: not been filed with the office of the City Sec. THAT the Mayor of the City of Lubbock BE and is hereby authorized as of this date, nor and directed to execute for and on behalf of the City of Lubbock a has it gone to the Mayor contract between Henningson, Durham & Richardson, Inc. and said City for for signature. Engineering Services for constructing street improvements on Quirt Avenue from East 31st Street to East 37th Street, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28thday of April ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/_Bill McAlister BILL McALISTER, MAYOR ATTEST: ,1983. /s/ Jim Blagg Jim Blagg, Deputy City Manager /s/ Jim Bertram Jim Bertram, Assistant City Manager ADDDnNTVn nc mn VnDM- 197 83-42-197-377 Consider site plan and elevation approval for a building permit for ( 30 ) Weldon Wines for an apartment building project at 40th Street and Chicago Avenue. (Ord. 8412) At the time Ordinance No. 8412 - Zone Case No. i001D was approved, one of the conditions placed thereon by the Council was that the site plan be reviewed by P&Z and the City Council before a Building Permit was Issued. The Council was apprised that Mr. Wines did submit a site plan which needed some revisions as mandated by P&Z, primarily relating to the insufficient parking and the brick veneer --the lack of brick veneer --on Mr. Wines' plan to use on the exterior which would not be compatible with the surrounding buildings. P&Z requested 100-percent brick veneer in addition to the parking and landscaping requirements. Subsequently, Mr. Wines has revised his site plans to meet the parking and landscaping requirments and some adjustments In the design which would allow for 80-percent brick veneer, all of which is an improvement over his previous project located on Brownfield Highway. At the regular session, the motion was made by Councilman Brown, seconded by Mayor Pro Tem Henry to approve the"elevation and site plan as presented subject to the 80-percent brick veneer exterior and all landscaping and parking requirements being In full compliance with the Code. Motion carried: 5 Yeas, 0 Nays. 83-42-197-378 Consider the request of Union Oil & Gas Company for a bond ( 31 ) reduction from $25,000 to $10,000 for 0. C. Horne #2 Well Site. 83-42-197-379 Consider an ordinance to abandon and close a portion of an ( 32 ) underground utility and garbage collection service easement located at the north line of Lot 305, Lakeridge Country Club Estates. Ordinance No. 8431 A portion of this easement was closed due to a small encroachment of a residence on Lot 305, located at 9303 Utica Drive, resulting from an error in the survey at the time the residence was built. There are no existing utilities involved and the closed portion will be sold back to the proponent for $185. ORDINANCE NO. 8431 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF AN UNDERGROUND UTILITY AND GARBAGE COLLECTION SERVICE EASEMENT LOCATED ON THE NORTH LINE OF LOT 305, LAKERIDGE COUNTRY CLUB ESTATES, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER IN THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONING AND CLOSING; AND PROVIDING FOR PUBLICATION. 83-42-197-3 80 Consider a resolution authorizing the Mayor to execute a dedication ( 33 ) deed covering a plat of Lot 1, City Place Addition. Resolution No. 1375 The Community Development Department has acquired four parcels of land located in the 2700 block of Erskine Avenue to be used for the Lubbock Day Care Center #2 facility. The Urban Renewal Plan was revised at an April 14, 1983, public hearing and the necessary zone change will be considered on this date. M. JWF:da RESOLUTION NO. 1375 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Dedication Deed covering a plat of Lot 1, City Place Addition to the City of Lubbock, Lubbock County, Texas attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this2B_th_day of April 1983. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: Isl Evelyn Gaffga ' Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Sandy Ogletree Sandy Ogletree, Community Development Coordinator APPROVED AS TO FORM: Isl J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney THE STATE OF TEXAS D E D I C A T ION DEED COUNTY OF LUBBOCK This is to certify that the City of Lubbock, a Texas Home Rule Municipal Corporation of the County of Lubbock, State of Texas, acting through its Mayor hereunto duly authorized, is the sole owner of a tract of land more particularly described as follows, to -wit: METES AND BOUNDS description on Lot 1, City Place Addition, to the City of Lubbock, out of Section 17, Block A, Lubbock County, Texas and being more particularly described as follows: BEGINNING at a 3/8" iron rod, set in the North line of Erskine Street, for the Southwest and beginning corner of this tract, whence the Southwest corner of the Southeast 1/4 of Section 17, Block A, bears West, 830.9 feet and South, 25.0 feet; THENCE North, 183.7 feet to.a 3/8" iron rod, set in the South line of a 15.0 feet alley, for the Northwest corner of this tract; THENCE East, 245.15 feet to a 3/8" iron rod, set for the North - Northeast corner of this tract; THENCE South 45'00'00" East, 28.28 feet to a 2" iron rod, set for the East -Northeast corner of this tract; THENCE South, 163.7 feet to a 3/8" iron rod, set for the Southeast corner of this tract; THENCE West along the North line of Erskine Street, 265.15 feet to the Place of beginning. CONTAINING 1.11 acres. Said City does hereby plat the above described property into lots and blocks, designating streets, alleys and other public properties as thereon shown in accordance with the attached map, prepared by John N. Wilson, a licensed surveyor for the State of Texas, on the 23rd day of November, 1982, and approved by the Planning Commission of the City of Lubbock on the 3rd day of February, 1983, and desiring to have the said property platted and duly filed for record as required by law all as shown on the attached map; NOW THEREFORE, 199 KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the special benefits to the remainder of my property, I do hereby DEDICATE all the streets, alleys and other public properties thereon shown and designated upon said map to the PUBLIC for PUBLIC USE FOREVER; and by these presents, do impress the name of Lot 1, City Place Addition to the City of Lubbock, Lubbock County, Texas, upon said property for the correct reference and description thereto by lots and blocks as indicated upon the attached map, and do hereby adopt the name hereinabove stated and impress the same upon said land, incorporating said map as a part of this dedication. WITNESS MY HAND this the 10th day of February, 1983. /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /S/ Sandy Ogletree Sandy Ogletree, Community Development Coordinator STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK /S/ Bill McAlister BILL McALISTER, MAYOR APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim Asst. City Attorney BEFORE ME, the undersigned, a Notary Public, in and for said County, Texas, on this day personally appeared Bill McAlister, Mayor of the City of Lubbock known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of the City of Lubbock. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 5th day of May A.D., 19_8_3_. /S/ Olivia R. Solis Notary Public, Lubbock County, Texas Commission Expires 11/30/85 The motion was made by Councilman Aderton, seconded by Councilwoman Baker to approve the bond reduction to $10,000 of Union 01l Company for 0. C. Horne #2 Well Site; to pass Ordinance No. 8431 on first reading authorizing the closing of a portion of an underground utility/garbage collection easement; and to pass Resolution No. 1375 authorizing the referenced dedication deed for Lot 1, City Place Addition (Lubbock Day Care Center #2). Motion carried: 5 Yeas, 0 Nays. M 83-42-200-381 Consider a resolution authorizing the Mayor to sign a release of ( 34 ) deed of trust lien for a no -Interest, deferred -payment loan. Resolution No. 1376 As a part of the CD Program, the Urban Renewal Agency provides no -interest, deferred -payment loans for residential rehabilitation subject to the provision that if the homeowner ever wishes to dispose of the property, the loan must be repaid In its entirety. Eliseo and Linda Bustoz received such a loan for their home located at 1609 28th Street In the amount of $7,498. Mr. and Mrs. Bustoz now wish to sell the property and have repaid the loan In its entirety as required. The motion was made by Councilman Brown, seconded by Councilwoman Baker to pass Resolution No. 1376 authorizing the release of deed of trust lien. Motion carried: 5 Yeas, 0 Nays. SMH:c1 RESOLUTION NO. 1376 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Release of Deed of Trust Lien, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of April 1983. /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Coordinator Community Development /s/ Susan M. Horton Susan M. Horton, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § -RELEASE OF DEED OF TRUST LIEN INOW ALL MEN BY THESE PRESENTS: That in consideration of the payment in full according to the face and tenor thereof, of a certain Promissory Note, dated August 7, 1979, payable to the order of the City of Lubbock, Described in a certain Deed of Trust executed by Eliseo P. Bustoz and Linda J. Bustoz to Evelyn Gaffga, Trustee, dated the 7th day of August, 1979, and recorded in Volume 745, Page 789 of the Deed of Trust Records of Lubbock County, Texas. The City of Lubbock, Lubbock County, Texas as the owner and holder of said note, does hereby release the Deed of Trust Lien shown by said Deed of Trust upon the following described lot, tract or parcel of land situated in Lubbock County, Texas, to -wit: Lot Five (5), Block One (1), Edwards Addition, an addition to the City of Lubbock, Lubbock County, Texas. 201 83-42-201-382 ( 35 ) 83-42-201-383 ( 36 ) EXECUTED this 28th day of ATTEST: /s/ Evelyn Gaffga EVELYN GAFFGA, City Secretary THE STATE OF TEXAS § COUNTY OF LUBBOCK § it , 1983. /s/ Bill McAlister BILL McALISTER, Mayor BEFORE ME, the undersigned, a Notary Public in and for said County and State on this date personally appeared BILL McALISTER, Mayor of the City of Lubbock, known to me to be the person and official whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Lubbock, Texas, and that he executed the same as the act of the City of Lubbock, Texas, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND ANS SEAL OF OFFICE THIS 5th day of May, 1983. (Seal) /s/ Olivia R. Solis Notary„Public in and for Lubbock County Texas My commission expires: 11/30/85 Consider the price and conditions of sale of Parcel #22-7 in the Coronado -Tex. R-33 area. The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the price and conditions of the sale of Parcel #22-7. Motion carried: 5 Yeas, 0 Nays. Consider a resolution endorsing proposed highway improvements by the State Department of Highways and Public Transportation under the 1983-1986 Urban Systems Program. Resolution No. 1377 The State Highway Department is preparing its recommendations for the 1983-1986 Urban Systems Program, the eligible projects being as follows: a. US 84 - from Loop 289 (west) to Third Street b. Spur 326 (North Q Drive) - from US 84 to Itasca. c. FM 835 (East 34th Street) - from Avenue A east 1.163 miles. d. US 84 (Avenue Q) - from 50th Street to 1,400 feet north of the Traffic Circle. Traffic Circle e. Spur 327 intersection with Frankford Avenue These projects would be financed with 75 percent Federal Funds and 25 percent State Funds and the only costs that the City would incur would be to provide curb and gutter where curb and gutter do not exist and to upgrade the existing storm sewer systems. The motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to pass Resolution No. 1377 authorizing the proposed Improvements under the terms and conditions stated. Motion carried: 5 Yeas, 0 Nays. 202 JWF:da RESOLUTION NO. 1377 WHEREAS the Texas Department of Highways and Public Transportation is in the process of work on its recommendations for the 1983-1986 Urban System Program; and, WHEREAS said Department has requested the concurrence of the governing body of the City of Lubbock for reconstruction of projects as set forth in the body of this resolution, and the City of Lubbock's City Council agrees to so concur; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. The City Council of the City of Lubbock hereby determines that it is in the interest of the public health, safety and general welfare to concur, and the City of Lubbock does by these presents concur in the reconstruction of the following projects by the Texas Department of Highways and Public Transportation, to -wit: 1. U.S. 84 - From Loop 289 (West) to 3rd Street 2. Spur 326 - From U.S. 84 to Itasca 3. F.M. 835 (East 34th Street) - From Avenue A East 1.163 miles 4. U.S. 84 (Avenue Q) - From 50th Street to 1400' North of the Traffic Circle 5. Spur 327 and Frankford Avenue SECTION 2. It is hereby understood by the City of Lubbock that this is a tentative program of projects, and no commitment can be made by said State Department until the Program Projects (in whole or in part) are approved by the Texas Department of Highways and Public Transportation Commission. Passed this Z8_tb_ day of April , 1983. /S/ Bill McAlister BILL McALISTER, MAYOR ATTEST: ISI Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: .S/ Larry Hoffman Larry Hoffman, Traffic and Transportation Director APPROVED AS TO FORM: /S/ J. Worth Fullingim J. Worth Fullingim, Asst. City Attorney 2 ©-3 83-42-203-384 Consider accepting work done under contract for two radial arm ( 37 ) distributors, and authorize final payment (Reso. 1207, 9/09/82). These improvements are part of the renovation of the Southeast Water Reclamation Plant with Carrothers Construction Company, contractors. The final payment is in the amount of $7,000. The motion was made by Councilman Brown, seconded by Councilman Aderton to accept the improvements stated above and to authorize final payment to contractor In the amount of $7,000. Motion carried: 5 Yeas, 0 Nays. 83-42-203-385 Consider a resolution authorizing the Mayor to sign a contract with ( 40 ) Honeywell Information Systems for basic and extend program licenses and maintenance. Resolution No. 1378 The existing software used on the Honeywell computer Is no longer supported by Honeywell, thus necessitating updating the software to a current version and the proposed contracts are for the required support services. Involved is a monthly license fee of $887 as well as a monthly expanded software support service charge of $732 a month. The motion was made by Councilman Aderton, seconded by Councilman Brown to pass Resolution No. 1378 authorizing the referenced contracts for the software support services. Motion carried: 5 Yeas, 0 Nays. DGV:da RESOLUTION NO. 1378 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement (Agreement No. 124440) for Data Processing Equipment, Products and Services between Honeywell Information Systems Inc. and City of Lubbock attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of Anr-i1 ,1983. /s/ Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: /s/ John Aldredge John Aldredge, Manager of Systems and Programming APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, Assistant City Attorney NOTE: The contract with Honey is in four parts and is preprinted; an original is in the file with the Resolution. 204 APR 2 8 1983 83-42-204-386 Consider Bid #7329 for uniforms (Fire Dept.) ( 41 ) Items 1-3 : Mallory's Lubbock, Texas items 4-5 : Donovan Uniform Company Dallas, Texas 83-42-204-387 Consider Bid #7308 for vans and trucks (Garage). ( 42 ) Items 1, 4 : Gene Messer Ford Lubbock, Texas Items 2-3 : Pollard Friendly Ford Company Lubbock, Texas Item 5 : South Plains Chevrolet, Inc. Lubbock, Texas Items 6-9 : Modern Chevrolet Company Lubbock, Texas 83-42-204-388 Consider Bid #7309 for cars (Garage). ( 43 ) Item 1 : Pioneer Lincoln Mercury, Inc. Lubbock, Texas Items 2-6 : Modern Chevrolet Company Lubbock, Texas 83-42-204-389 Consider Bid #7313 for trucks (Garage). (44) Item 1 : Utility Equipment Company Oklahoma City, Oklahoma 83-42-204-390 Consider Bid #7343 for tractor and mowers (Parks & Rec.) (Revenue ( 45 ) Sharing) Item 1 : Yellowhouse Machinery Company Lubbock, Texas 83-42-204-391 Consider Bid #7354 for water strainers (water meter shop). ( 46 ) Items 1-2, 4 : Hersey Products Carrolton, Texas Items 3, 5 : Rockwell Manufacturing Company Pittsburg, Pennsylvania 83-42-204-392 Consider Bid #7344 for pick-up trucks (Garage). ( 47 ) Items 1-3 : Modern Chevrolet Company Lubbock, Texas Item 4 : Gene Messer Ford Lubbock, Texas 83-42-204-393 Consider Bid #7346 for economy plck-up trucks (Garage). ( 48 ) Items 1, 3-4 : Modern Chevrolet Company Lubbock, Texas Items 2, 6 : Brunken Toyota Lubbock, Texas Item 5 : Wittner Datsun, Inc. Lubbock, Texas 83-42-204-394 Consider Bid #7317 for demolition of portion of Sears Building, and ( 49 ) authorize same. Resolution No. 1379 Low Bid : Wardroup & Associates Lubbock, Texas ♦ 205 HW: da RESOLUTION NO. 1379 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract with Wardroup and Associates for the first phase of demolition for the remodeling of the old Sears building, a copy of such contract is attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of April _,1983. Isl Bill McAlister BILL McALISTER, MAYOR ATTEST: /s/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO CONTENT: Isl Bill Payne Bill Payne, Director of Administrative Services APPROVED AS TO FORM: Isl Harold Willard Harold Willard, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § CONTRACT THIS AGREEMENT, made and entered into this 28th day of April, 1983 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Mr. Bill McAlister, Mayor, thereunto authorized to do so, hereinafter referred to as ONWER, and WARDROUP AND ASSOCIATES, INC., of the City of Lubbock, County of Lubbock and Slate of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the demolition certain improvements described as follows: A PARTIAL DEMOLITION OF THE OLD SEAR'S BUILDING FOR THE CITY OF LUBBOCK and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said demolition in accordance with the contract documents as defined in the General Condition of Agreement. THE CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. THE OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefor, subject to additions and deductions, as provided in the contract documents in the sum of Eighty Seven Thousand Six Hundred Dollars ($87,600.00). THE CONTRACTOR ACKNOWLEDGES addenda one as a part of the contract documents. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Texas in the year and day first above written. CITY OF LUBBOCK, TEXAS Irl Bill McAlister Mayor ATTEST: Isl Evelyn Gaffga City Secretary -Treasurer APPROVED AS TO CONTENT: APPROVED AS TO FORM: 1. Purchasing Agent Gene Eads apprised the Council that all the above referenced bids are the low bids and meet specifications. Motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to approve Bid #7329, 7308, 7309, 7313, 7343, 7354, 7344, 7346 7317, and to pass Resolution 1379 authorizing the contract with Wardroup & Associates (Blod #7317). Motion carried: 5 Yeas- 0 Nays. 83-42-206-395 Consider all matters and incidents related to authorizing issuance 38 ) and sale of $18,775,000 General Obligation Bonds, Series 1983 including first reading of ordinance authorizing issuance of such Pub's Affidavit bonds. filed on pg. 207 In accordance with the notice published on March 27, April 3, 10, 17, and 24, 1983, In the Lubbock Avalanche -Journal, the above matter was considered at 10:30 A.M. as advetrtlsed. Receiving the Bids: Joe Smith All bids for the proposed sale of $18,775,000 General Obligation Bonds, 1983 Series, were submitted. At the appointed hour of 10:30 a.m., as published, the Mayor announced that all bids had been filed and no others would be received. The City Secretary opened the bids and referred them to Mr. Joe Smith, Financial Advisor from First Southwest Company of Dallas, and to J. Robert Massengale, ACM -Financial Services, for evaluation and for reading Into the record. Those companies submitting bids in the order In which they were filed are as follows: 1. InterFirst Bank Dallas, N.A. 7.9716 2. RepublicBank Dallas, N.A. 7.89758 3. Salmon Brothers Inc. 8.0342 Messrs. Smith and Massengale retired from the Chambers to check the calculations and to evaluate the bids as submitted. Upon returning to the Chambers some 15 minutes later, they apprised the Council that the low bid was Republic Bank of Dallas with the following proposal: Gross Interest Costs $15,296,150 Less Premium -0- Net Interest $15,296,150 Effective Interest Rate 7.89758 It was their recommendation that the bid be awarded to RepublicBank Dallas. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to award the bid for the sale of $18,775,000 General Obligation Bonds, 1983 Series, to RepublicBank of Dallas at the effective interest rate of 7.89758. Motion carried: 5 Yeas, 0 Nays. Ordinance No. 8430 In accordance with the Statutes, Mr. Smith proceeded to read the ordinance Into the record related to the above referenced sale. Upon completion of the reading, the motion was made by Councilman Aderton, seconded by Councilman Brown to pass Ordinance No. 8430 on first reading. Motion carried: 5 Yeas, 0 Nays. ORDINANCE NO. 8430 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, AUTHORIZING THE ISSUANCE OF $18,775,000 "CITY OF LUBBOCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1983", DATED May 15, 1983; PRESCRIBING THE FORM OF THE BONDS AND THE FORM OF THE INTEREST COUPONS: LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF SAID CITY TO PAY THE INTEREST ON SAID BONDS AND TO CREATE A SINKING FUND FOR THE REDEMPTION THEREOF AND PROVIDING FOR THE ASSESSMENT AND COLLECTION OF TAXES: AND ENACTING PROVISIONS INCIDENT AND RELATED TO ISSUANCE, SALE AND DELIVERY OF SAID BONDS. 207 APR 2 8 1983 Pub' s Af f ida-r -t includes the followin6 THE STATE OF TEXAS item. COUNTY OF LIBBOCK 83-42-206-395 Before me onnie McKee a Notary Public in and for Lubbock (38) personally aoneared TwiIa Aufi II � Account Manager of M§av_ a LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 26th day of Aa ri I 19 83 !31y 81983 4 BONNIE McKEE, NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS CITY SECRETARY MY COMMISSION EXPIRES NOV. 10, 1984 C vL RL 1 fill FORM 58-10 83-42-207-396 Consider passage of resolution approving form and content of ( 39 ) official documents covering the proposed refunding of Electric Light and Power System Revenue Bonds, Series 1981. This item was not considered at this time upon the recommendation of Mr. Smith, Financial Advisor of First Southwest, for the reason that all documents related to the proposed refunding of Electric Revenue Bonds, 1981 Series, will be handled May 12, at which time the underwriters will make their recommendations and all necessary documents will be authorized. 83-42-207-397 Zone Case No. 2401 ( 20 ) Pub Request of Harold 0. Harrlger (for Ray Moran) for Specific Use zone s Affidavit change from R-1 and T to R-1 Specific Use Permit under provisions filed on pg. 212a of Section 22.3-8 of the Zoning Ordinance for a telecasting and broadcasting studio on a tract of land out of Section 20, Block E-2, located south of 98th Street and about 700 feet west of University Avenue. The Planning and Zoning Commission unanimously recommends that this request be approved. Ordinance No. 8432 In accordance with the notice published on April 13, 1983, in the Lubbock Avalanche -Journal, a public hearing was held on the above matter. Proponent: Harold Harri er, Attorney on behalf of y Moran d/b/a Channel 34 TV This request Is for an R-1 Specific Use Permit for an existing telecasting and broadcasting facility to secure building permits to make addition to the buildings. This is to say this is to legalize that which has been illegal up to this time. Adjacent land uses are: existing single-family on the north; vacant land zoned T on the south and west; and existing legal nonconforming use (C-2) on the east. There is a considerable area of playa lake in which the existing facility Is situated according to the comprehensive plan. There being no opposition and no discussion, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Ordinance No. 8432 on first reading approving the zone change request. Motion carried: 5 Yeas, 0 Nays. 208 83-42-208-398 ( 21 ) SMH/mck ORDINANCE NO. 8432 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2401; A SPECIFIC USE ZONE CHANGE FROM R-1 AND T TO R-1 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-8 OF THE ZONING ORDINANCE, FOR A TELECASTING AND BROADCASTING STUDIO ON A TRACT OF LAND OUT OF SECTION 20, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Zone Case No. 2261-A Pub's Affidavit Request of H. A. Sessions to change a tract of land out of Section filed on pg. 212a 11, Block E-2, from R-1 to R-2• R-2 to A-1; R-2 and A-1 to C-2A; and A-1 to C-2A zoning districts, located at 66th Street and Chicago Avenue. The Planning and Zoning Commission recommends that this request be approved. Ordinance No. 8433 In accordance with the notice published on April 13, 1983, in the Lubbock Avalanche -Journal, a public hearing was held on the above matter. Proponent: H. A. Sessions Opponents: Norm Stern, 6603 Dover Barnes Kingsbury, 6602 Dover This request Is for professional offices (C-2A), apartments (A-1), and duplexes (R-2). The area involved is from Quaker to Frankford Avenue between Spur 327 and 82nd Street and Is experiencing rapid growth In the single-family residential sector. This growth has presented problems regarding traffic In this area and particularly at the intersection of Slide and Loop 289. Adjacent land uses are: Spur 327 and Loop 289 on the north; single-family development and some vacant A-1 on the south and east; and single-family residences on the west. Under the current Land Use Plan, there are 17 acres of commercially -zoned property that are currently developed in this area; there are 10.2 acres of commercially -zoned property that are vacant and undeveloped for a total of 27.2 acres of land committed for commercial development. It Is desirable from a development policy point -of -view to keep development concentrated at intersections or major thoroughfares. There are 8.2 acres of land that are developed In apartments and there are 52.4 acres of land that are zoned for apartments that are currently vacant or undeveloped for a total of 60.6 acres of land allotted for apartment development. This Is applying the basic factor of one unit for 1,500 square feet of lot area which would yield 1,525 units or approximately 30 units per acre. Considering 1.5 persons per household, this would be a total population of 2,300 people. This would also generate 25,288 ADT in the area. If this request is approved, this would be adding 12.6 acres of commercial zoning for a total of 40.85 acres in the area. The apartment acreage would be decreased 12.6 acres and would yield 1,155 units or 29 units per acre as compared to the 30 under the existing land use plan and the population factor would decrease to 1,732 as compared to 2,300. The proponent still offers a buffer zone between the commercial and the low -density residential land use. The Planning and Zoning Commission reasoned that the conditionshad changed and approved the request by a vote of 4-1 i which would accommodate additional commercial zoning. The opponents, Messrs. Stern and Kingsbury, requested that the matter be referred back to P&Z for additional study because of the traffic In the area along the Frankford Avenue and Spur intersection which Is the only access into the area; that the request of the neighborhood property owners be honored establishing a residential area that their zoning be protected as It existed at the time of the residential development; that possibly a compromise could be achieved by using duplexes along the 66th Street portion and access be limited to the Spur segment. The opponents filed a petition signed by the property owners In the area in support of this position; ACM Bertram Indicated that the petition would reflect that there has been 20 percent opposition on file which would require 4/5's vote of the Council. The property owners also raised the question of due process inasmuch as five homeowners did not receive notice of the P&Z hearing, to which ACM Bertram responded that notice Is sent to those within 200 feet of the zone request and the tax rolls are the controlled listing of property owners; If there has been change of ownership or change of tenancy within the designated area, there Is no way for the City officials to ascertain this Information. __ 20� The motion was made by Councilman Brown that P&Z be upheld because he felt that adequate notice had been given and there was no registered opposition appearing before P&Z; that the area did need to be developed and the proposed plans as submitted by proponent seemed to be compatible with the area. The motion was seconded by Councilwoman Baker. Motion carried: 4 Yeas, 1 Nay (Councilman Aderton). SMH/mck ORDINANCE NO. 8433 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2261-A; CHANGE A TRACT OF LAND OUT OF SECTION 11, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 TO R-2; R-2 AND A-1 TO A-1; R-2 AND A-1 TO C-2A; AND A-1 TO C-2A ZONING DISTRICTS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 83-42-209-399 Zone Case No. 2269-A ( 22 ) Request of H. A. Sessions to change a tract of land out of Section Pub's Affidavit 14, Block E-2, from R-1 to R-2; C-2 to A-1; and R-2 to C-2 and A-1 filed on pg. 212a zoning district, located north of 98th Street between Quaker and Memphis Avenues. The Planning and Zoning Commission unanimously recommends that this request be approved. Ordinance No. 8434 In accordance with the notice published on April 13, 1983, in the Lubbock Avalanche -Journal, a public hearing was held on the above matter. Proponent: H. A. Sessions According to the plat submitted for reference, the A-1 tract situated between Quaker Avenue and the zone case results from the proposed relocation of Quaker Avenue which will ultimately curve around the lake that Is located at the Intersection of 98th and Quaker which Is zoned for commercial development. The small R-2 portion referenced in the zone case Is at the Intersection of Memphis and 98th and precipitated some response from nearby homeowners who were concerned about the density of the proposed R-2 tract and the need for It to be consistent with the R-1 zoning east of Memphis. it was the recommendation to the proponent that the R-2 tract be limited to townhouses --one unit to 5,000 square feet --which was acceptable by the proponent at the P&Z hearing. Since that hearing, however, the landowners have met with the proponent and Indicated that they would not oppose a more common density of one unit to 3,000 squares feet for townhouse development and the proponent requested that the City Council consider this change. There being no opposition and no discussion, the hearing was closed. The motion was made by Mayor Pro Tem Henry, seconded by Councilwoman Baker to pass Ordinance No. 8434 on first reading approving the requested zone change and approving the requested change of density for townhouse development to one unit per 3,000 square feet. Motion carried: 5 Yeas, 0 Nays. SMH/mck ORDINANCE NO. 8434 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2269-A; CHANGE A TRACT OF LAND OUT OF SECTION 14, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO R-2, C-2 AND A-1; AND R-2 TO C-2 AND A-1 ZONING DISTRICTS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 210 83-42-210- 400 Zone Case No. 2281-A ( 23 ) Request of Ron D. Beard (for William E. Miller) for a Specific Use Pub s Affidavit zone change from R-2 to AM Specific Use Permit under provisions of filed on pg. 212a Section 22.3-20-3 of the Zoning Ordinance, for professional offices on Lots 1, 2, 3 and 4, Block 2, Elwood Place Addition, located at 2401 20th Street. The Planning and Zoning Commission recommends that this request be approved, subject to the following condition: a. That It be limited to nonmedical professional offices. Ordinance No. 8435 In accordance with the notice published on April 13, 1983, In the Lubbock Avalanche -Journal, a public hearing was held on the above matter. Proponent: Bill Miller The request of proponent Is for an AM Specific Use for professional offices. One problem with the site plan was that it showed two free-standing signs which are not allowed in an AM district, and proponent indicated these would not be placed as originally requested. Signs may be attached to the building without ZBA variance if so desired. The second problem was the required parking for medical -related uses; and If the development Is limited to nonmedical professional uses, then the proposed parking would be sufficient. A third factor was the side -yard setback question --the AM district requiring a ten -foot side -yard setback and the site plan reflects only a one -foot side -yard setback. Th roponent Indicated that access would be from Avenue X from a paved alley. The proposed development is located behind the Elephant Restaurant on 20th and Avenue X. This access from the paved alley was remedy to the original plans presented at the P&Z hearing. P&Z approved the request subject to the remedies of these problem areas and that the development be limited to nonmedical professional uses only. There being no opposition and no further discussion, the hearing was closed. The motion was made by Councilman Aderton, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8435 on first reading approving the requested zone change as amended and the condition that development would be limited to nonmedical professional offices and subject to the site plan as submitted. Motion carried: 5 Yeas, 0 Nays. SMH/mck ORDINANCE NO. 8435 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND.THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2281-A; A SPECIFIC USE ZONE CHANGE FROM R-2 TO AM SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-20-3 OF THE ZONING ORDINANCE, FOR PROFESSIONAL OFFICES ON LOTS 1, 2, 3, AND 4, BLOCK 2, ELLWOOD PLACE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 83-42-210-401 Zone Case No. 2396 ( 2A ) Continue public hearing on request of Susie Harrison (for the City Pub Affidavit of Lubbock) to change a tract of land out Section 17, Block A, from fill ed on pg. 212a R-1 and C-4 to A-2 zoning district, located at 2700 Erskine Street. The Planning and Zoning Commission unanimously recommends this request be approved, subject to the following condition: a. That it be limited to a day care center. Ordinance No. 8436 In accordance with the notice published on April 13, 1983, in the Lubbock Avalanche -Journal, a public hearing was held on the above matter. 211 Proponent: Community Development Department, City of Lubbock The Community Development Department Is the proponent In this case for the purpose of constructing a day care center at the referenced address on Erskine. The Urban Renewal Land Use Plan was amended on April 14 and this proposed day care facility was approved as a Community Development project resulting from the neighborhood meetings previously held. There being no opposition and no discussion, the hearing was closed. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Ordinance No. 8436 on first reading approving the stated zone request subject to the condition that it be limited to a day care center. Motion carried: 5 Yeas, O Nays. SMH/mck ORDINANCE NO. 8436 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2396; CHANGE A TRACT OF LAND OUT OF SECTION 17, BLOCK A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-1 AND C-4 TO A-2 ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 83-42-211-40 2 Zone Case No. 1490-E ( 25 ) Continue public hearing on the appeal of Donald L. Curry (for South Pub s Affidavit Plains Chevrolet, Inc.) to change Lot 1A and 2A, Fiesta Autoland pg. 212a Center Addition, to amend the site plan, located at Loop 289 and Slide Road. In accordance with Council action on March 31, the above referenced hearing was continued. At that time, the proponent and the opponents were advised by the Council to meet and work out compromises where both parties would benefit from the request. The staff reported that no compromise had been achieved. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to continue the public hearing until May 26. Motion carried: 5 Yeas, 0 Nays. 83-42-211-403 Zone Case No. 1511-J ( 26 ) Appeal of Burl W. Masters (for Don L. Harris Investments) for a Pub Affidavit Specific Use zone change from C-A Specific Use to C-2 Specific Use . 212a pg. Permit under provisions of Section 22.3-23 of the Zoning Ordinance, for commercial development on Lot 1, Village Addition, located at 50th Street and Chicago Avenue. The Planning and Zoning Commission recommends this request be denied. Ordinance No. 8437 In accordance with the notice published on April 13, 1983, In the Lubbock Avalanche -Journal, a public hearing was held on the above matter. Proponent: Burl Masters, on behalf of Don L. Harris Investments Appearances: Gene Dennison, Regional Director of Handy Hut Convenience Stores This request was dented by P&Z by a vote of four to one. The request is for C-2 Specific Use to allow gasoline sales In conjuntion with a convenience store. Historically, a C-3 zoning request on this tract was dented In 1978 by the Planning Commission and an A-1 zoning was granted subsequently. Also In 1978, a C-2A request on this tract was made which was denied by the Planning Commission, and the City Council on appeal reversed the Planning Commission's decision and granted C-1 Instead of C-2A. In 1980, the Planning Commission and the Council approved a C-A Specific Use which Is the current zoning. Commercial zoning at this location has been opposed by the Planning staff because Chicago Avenue and Slide Road are not designed as major thoroughfares to accommodate commercial zoning. Adjacent land uses are: existing apartment development on the north, south, and east; and existing City park on the west. 212 APR w 1983 The issue Involved here Is approving gasoline sales as an accessory use. Proponent Masters Indicated that the marketing concepts for convenience stores has changed considerably in recent years and gasoline sales have become an Integral part --equally as important as selling bread, coffee, and other staple grocery items. This change In marketing strategy has resulted from the major refineries closing the traditional full -service gasoline stations. Mr. Denison Indicated that, out of the Handy Hut stores In his region, 45 to 50 percent of the sales result from the availability of the gas pumps and those stores that do not have this capability will be phased out. He also Indicated that the Texaco firm Is changing many of their full -service stations to a combination of convenience -type with gasoline pumps to comply with the public demand. The staff reported that the Specific Use Permit had lapsed and reverted back to the original R-2 zoning which was decided back in 1976 with the original zone case. The staff also apprised the Council that because this was an appeal, It would require 4/5's vote. Completing all discussion and presentation, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to pass Ordinance No. 8437 on first reading to approve the request In accordance to the amended site plan as submitted. Motion carried: 5 Yeas, 0 Nays. SMH/mck ORDINANCE NO. 8437 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 1511-J; A SPECIFIC USE ZONE CHANGE, FROM CA SPECIFIC USE TO C-2 SPECIFIC USE PERMIT UNDER PROVISIONS OF SECTION 22.3-23 OF THE ZONING ORDINANCE, FOR COMMERCIAL DEVELOPMENT ON LOT 1, THE VILLAGE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 83-42-212-404 Hold a public hearing to consider a revision to the Zoning ( 27 ) Ordinance concerning bowling alleys with the sale of alcoholic beverages as Incidental use In C-3 zoning districts: Pub's Affidavit on pg. 212b a. Alcoholic beverage sales shall not exceed 40 percent of the gross income. The Planning and Zoning Commission recommends this amendment be denied. In accordance with the notice published on April 13, 1983, In the Lubbock Avalanche -Journal, a public hearing was held on the above matter. Proponent: Planning Department, City of Lubbock ACM Bertram apprised the Council that this Item Is being presented at the direction of the Council and resulted from a recent zone case where alcoholic beverage was proposed as an Incidental use. As a result of that case, the staff was requested to submit to P&Z for consideration allowing alcoholic beverages to be sold In bowling alleys as C-3 Specific Uses based on the 60/40 percentage that Is required of restaurants. The consensus of the Planning Commission was that bowling alleys by classification should be in a C-4 zone and there should not be a sale of alcoholic beverages and voted four to two to deny the amendment to the Zoning Ordinance. In response to Council query as to whether or not, case by case, consideration could be given to allow a bowling alley in a different zone other than C-4, which Is very restrictive, the staff replied that the Council has the authority to down zone from a C-4 but the future acceptance of this amendment did not look promising. It was stated that should a similar case be filed In the future, all possible options could be considered which would eliminate a C-4 spot zoning trend. There being no further opposition or discussion, the hearing was closed. The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem Henry to uphold P&Z denying the referenced amendment to the Zoning Ordinance. Motion carried: 5 Yeas, 0 Nays. 212a APR 2 8 1,993 THE STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for day personally appeared Twi l a Aufi I I t Aeeouht Manager � ne c wvspa pers Corporation, publishers of the Lubbock Avalanche -.Journal — x 'who being by me duly sworn did depose and say that said newspaper has be ore than fifty-two weeks rior to the first ins rtion of this Lega I No��`= �63629 r word-$157.5� No at Lubbock Co rint- ed coy of the Notice P. Avalanche Journal on the following dates:such— is a true copy of the on in April 1 13! 1983.g �� �" �� a r thetz, 'Q I . L-1441 Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 131hday of AP ri I fg W NVIE WKEE. NOTARY PUBLIC FORM 58-10 IN AND MR THE STATE OF TEXAS MY COMMISSION EXPIRES NOV. 10.1"4 PUBLISHER'S AFFIDAVIT FOR THE FOLLOWING ZONE CASES Zone Case No. 2401 - 83-42-207-397 (20) Zone Case No. 2261-A 83-42-208-398 (21) Zone Case No. 2269-A 83-42-209-399 (22) Zone Case No. 2281-A 83-42-210-400 (23) Zone Case No. 2396 83-42-210-401 (24) Zone Case No. 1511-J 83-42-211-403 (26) 212b APR 28 19 PUBLISHER'S AFFIDAVIT ON PUBLIC HEARING ON THE SALE OF ALCOHOLIC BEVERAGE THE. STATE OF TEXAS COUNTY OF LUBBOCK Before me Bonnie McKee a Notary Public in and for Lubbock (. personally appeared Twi I a Aufi I 1 9 Account Mana¢p r of t' pens Corporation, publishers of the Lubbock Avalanche -.Journal — Morning. E being by me duly sworn did depose and say that said newspaper has been publish than fifty-two weeks prior to the first insertion of this - wo ed-$45.00 No. 663630 at Lubbock County. Tex ed copy of the Notice is a true copy of the original and w2 Avalanche -.Journal on the following dates: April 139 1983. L-1441 Account Manager LUBBOC'K AVALANCHF;-JOURNAL Southwestern Newspapers Corporation i av aa- ho re nt- ck Subscribed and sworn to before me this 13t day of Aa ri I ig 83 1 F y 'f981 90NNIS WKEi , NOTARY PUBLIC IN AND MR TkE STATE OF TEXAS 6s i MY C4r1M1•WON EXPIRES NOV. 10, 1984 FORM 58-10 LIP ITEM: 83-42-212-404 (27) APR 2 8 1983 213 83-42-213-405 Consider two appointments to the PERMIT AND LICENSE APPEAL BOARD. ( 50 ) The terms of Tomas Garza and Tom C. Ingram will expire 4/27/83. Reappoint: Term - 4/28/83 - 4/27/86 GARZA, Tomas 4423 57th (14) 792-8990 1006 13th (01) INGRAM, Tom C. 3810 39th (13) 795-4063 83-42-213-406 Consider one appointment to the URBAN RENEWAL AGENCY to fill the ( 51 ) unexpired term of Keith McKeever, who has moved out of town. New: Term - 4/28/83 - 11/26/84 JENKINS, Lynda 8208 Louisville (23) 795-6250 Vice President, RepublicBank 762-8800 83-42-213-407 Consider one appointment to the Executive Committee of the JUBILEE ( 52 ) 75 COMMITTEE, to fill the term of Dr. William M. Pearce. New: Term - 4/28/83 - Indefinite BEAN, Russell 2806 21st (10) 795-6798 (transferred from General Committee to Executive Committee) The motion was made by Councilwoman Baker, seconded by Councilman Brown to approve the above referenced appointments. Motion carried: 5 Yeas, 0 Nays. Upon completion of the Work Session items, there being no further business at hand, the motion was made by Mayor Pro Tem Henry, seconded by Councilman Brown to adjourn at 12:06 p.m. Motion carried: 5 Yeas, 0 Nays. ATTEST: EVELYN GA'FGA CITY SECRETARY -TREASURER Read and approved this 12th day ATTEST: VELYN OFFOA City Secretary-Treasu r 747-4534 pwFor P 00 .�4' 11JJ904r W1,